Website Terms of Use

Medmont is an award winning designer and manufacturer of ophthalmic instruments for the worldwide eye care market.

1. Legal information

1.1 These terms of use apply to all users of either or both the www.medmont.com.au and www.medmont.com websites operated by Medmont International Pty Ltd ACN 154 326 600 (referred to as ‘Medmont” “we”, “our” or “us” and “Affiliates” means our related entities, directors, officers, employees and agents).

1.2 The purpose of our website is to provide information on our devices (Medmont Devices) and give support to distributors, customers and users of Medmont Devices.

1.3 If you use, browse or otherwise access any content or data on our website, you agree to be bound by these terms. Should you object to any of these terms, your sole option is to immediately cease your use of our website.

1.4 We reserve the right to change any of these terms of use for our website at any time by publishing an update on our website. In such circumstances, your continued use of our website will be deemed to be acceptance of the amended terms.

2. Use of website

2.1 In accessing or using our website you must not, and you undertake that you will not:

(a) use any device, bot, software, process or means to access, copy, retrieve, scrape, index or interfere with our website or any content on our website (for any reason);

(b) undertake any action that will impose a burden or make excessive traffic demands on our website or infrastructure that we deem (in our sole discretion) to be unreasonable or a disproportionate use of the website;

(c) copy, use or index any content or data on our website for purposes of constructing or populating a searchable database using any of our content;

(d) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

(e) use our website or any content from our website in any manner which is not reasonable, not for the purpose it is made available or not in accordance with these terms;

(f) reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website or any content on our website, except as expressly authorised by us to you; or

(g) transmit, or attempt to transmit, any computer viruses, worms, defects, trojan horses or other items of a destructive nature.

2.2 We reserve the right to block your use of our website and report your improper conduct to any person or entity (including any government agency).

2.3 You agree to indemnify and hold Medmont and its Affiliates harmless against any and all loss, expenses, costs, liability, claims or demands arising out of or in connection with any misuse of our website or breach of these terms as listed in clause 2.1 (above), or for any breach of our intellectual property rights.

3. Intellectual property

3.1 The information, content, and imagery displayed on our website is either the property of Medmont or third parties who licence it to us. Unless otherwise authorised by us in writing, you may only use such information, content and imagery for personal, non-commercial purposes and provided that any copyright notice on such a display or page is not removed. However if you are a Medmont Device owner you may use such information, content and imagery for the purpose of using your Medmont Device for training your operators and treating your patients. In any event, you agree and undertake not to copy, reproduce, modify, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such information, content or imagery for any other purpose (including for any other commercial purpose) or to any third party without us giving you prior written consent.

3.2 Other than to access the website for your personal use or for the purpose of using your Medmont Device as intended, we do not grant any licence or right in, or assign any part of, the intellectual property rights in the website, or the information, content, or imagery on our website (except to the extent that we expressly authorise you to do so).

4. Third party links and advertising

4.1 Our website may include links to third party websites which are not under the control of, or the responsibility, of Medmont. When you link to those websites you leave our website entirely at your own risk. We make no warranty as to the accuracy or reliability of the information contained on any third party websites, and Medmont and its Affiliates disclaim all liability and responsibility for any loss or damage which may be suffered by you in connection with you accessing, using or relying on anything contained in or omitted from any third party websites or in connection with the link (including any slowness issues or malware).

4.2 A display of advertising third party products does not imply an endorsement or recommendation by Medmont of the advertised third party product.

5. Remote access

5.1 From time to time, at your request we can provide remote support via third party software. During such support, we may access your system and keep details of the access for record keeping purposes (e.g.: keeping a log of our access).

5.2 Where such support is provided, it is subject to your oversight (as you will be able to see our access during the remote support sessions) and done so on an “as is” basis (particularly as we are unaware of all facts and circumstances relevant to your issues and we do not have full access to your systems and databases), and to the full extent permitted at law, we provide support without warranty or liability to you.

6. Third Party Content and the Medmont User Forum

6.1 Our website often contains content provided by or uploaded by third parties (Third Party Content). For instance, the Medmont User Forum contains Third Party Content. The views and opinions found within any Third Party Content are not necessarily ours (including in respect of the Third Party Content found in the Medmont Users Forum). We do not filter, control, endorse, or make any recommendations or representations either expressly or implicitly concerning any Third Party Content. We are not the publisher of Third Party Content, we merely provide a platform for users to engage in a discussion for their own uses. If you rely on any Third Party Content, you do so completely at your own risk, and we are not responsible or liable for such.

6.2 If you go to the Medmont User Forum and you see content that:

(a) is incorrect, invalid, incomplete, inappropriate or not authorised;

(b) offends, defames, harasses, vilifies or harms you; or

(c) infringes your intellectual property rights or a duty of confidentiality to you,
you can submit a complaint to us at support@medmont.com and we will use reasonable endeavours to correct, update or remove the offending content. That said, you acknowledge that the Medmont User Forum is a platform for information sharing which may involve different points of view (particularly if any scientific or medical matter is in contention) and you agree that this is not reason alone for claiming any damage or seeking a change to or removal of any content.

6.3 It may be the case that a user uploads Third Party Content which, whether intentionally or inadvertently, contains personal information or data. If that Third Party Content contains your personal information or data without your consent and in breach of any privacy laws, we are not responsible or liable for such (as we did not upload the content) however you can contact us at support@medmont.com.

6.4 Medmont may remove Third Party Content that contravenes clause 6.2 (above) without any further notice to you or anyone.

6.5 If you wish to inquire of the person behind such Third Party Content or make a claim against or in respect of Third Party Content, such inquiry or claim is to be made to the Third Party Content provider directly, not to us.

7. Our products and liability

7.1 We provide access to our website (including our Medmont User Forum) for free, on an ‘as is’ basis and without warranty to you (including in respect of the accuracy or reliability of information, content or imagery on the website). We do not warrant that our website or any content or link contained on our website will be available and accessible to you at all times. We make no guarantee on uptime. We may change the path or location of a link or redirect content contained within a link on our website at any time without prior notice to you. From time to time our website may go down for maintenance. We are not liable to you for any such downtime or accessibility issues.

7.2 We also provide product and support information on our website. Such information is given for informational purposes only, does not constitute advice applicable to you and is made without knowing your specific circumstances. You acknowledge and agree that to the full extent permitted at law:

(a) we disclaim all liability in respect of or in connection with such information; and

(b) you may only rely on such information where we have expressly confirmed that it applies to you and your specific circumstances.

7.3 The use and maintenance of each Medmont Device is subject to the terms and conditions of sale attaching to the device, not these website terms.

8. Our Medmont User Forum

8.1 Your access and use of the Medmont Users Forum is also subject to our member terms and conditions.

9. General

9.1 Our website and its use are governed by the laws of Victoria, Australia. If you wish to undertake any action against Medmont, you acknowledge and agree that it must be undertaken in Victoria, Australia.

9.2 To the full extent permitted at law, you agree to waive your rights to file against us or our Affiliates any preliminary discovery proceedings or similar actions seeking any Medmont user’s identifying information.

Last updated August 2018.